This letter to the Detroit Free Press was written by Wayne Miller, an excellent lawyer, friend and colleague practicing law in Southfield, Michigan.   Wayne and I serve together on the Michigan Auto No-Fault Committee for the Michigan Association for Justice.  In addition to teaching law at Wayne State University Law School in Detroit, Wayne specializes in handling large provider claims, where he and the other lawyers in his office represent hospitals and doctors around Michigan.  This is what Wayne recently wrote:

On October 4, 2007, I spoke at the ICLE No Fault Update Seminar in Plymouth, Michigan.  My topic this year was “The Plaintiff Lawyers Perspective on Insurance and Defense Medical Examinations,” and in particular to discuss the recent case of Muci v. State Farm, 478 Mich 178 (2007).  I was also asked to talk about strategies lawyers should employ in dealing with these compulsory defense medical evaluations in auto accident cases.

The audience at these seminars predominantly consists of defense lawyers and insurance adjusters.   Most of these lawyers and adjusters were already familiar with Muci.  It has already been widely heralded to lawyers and insurance company adjusters alike as an important “defense win” for the insurance industry in Michigan (as if they need another one). 

The number of people killed in motor vehicle accidents in Michigan dropped 3.9% in 2006, compared to 2005.  Sadly, 1,129 people were killed in Michigan in 2005.  However, according to NHTSA, the number of people who were killed in car accidents, motorcycle accidents, and truck accidents in Michigan dropped to 1,085 in 2006.  The numbers were compiled under the Fatality Analysis Reporting System, or FARS, which monitors the number of people who are killed in all motor vehicle accidents in all 50 states. 

The NHTSA recently released its preliminary figures for its 2006 motor vehicle crash safety assessment.   The overall numbers show a small 2% decline in overall car accident deaths, but that bit of good news was overshadowed by a disturbing trend: motorcycle accident deaths once again increased, marking the 9th straight year in a row that motorcycle accident deaths have increased.   

The numbers of people killed on motorcycles is staggering.  Motorcycle accident deaths reached 4,810 people in 2006.  This represents a 5.1% increase in fatalities for motorcycle riders and motorcyclists now represent 11% of total motor vehicle highway accident deaths in 2006.   

On Thursday October 25, 2007, from 7pm to 9 pm there will be an important forum addressing the extreme partisanship and politics of the Michigan Supreme Court.  The legal forum will be held at the Oleson Center at Northwestern Michigan College.  The legal forum is entitled “Courting Trouble: Threats to a Fair, Open, and Independent Michigan Supreme Court.”  Organizers include the League of Women Voters, Michigan Campaign Finance Network, Northern Michigan Environmental Action Council, and other pro-consumer groups in Michigan.  The Traverse City Record-Eagle is a sponsor of the event.   Brian Dickerson, the award winning journalist who has covered many of this Court’s most controversial decisions, is going to present his insight on some of the cases this Court has decided.  Another panelist, Rich Robinson, will identify the money trail and talk about the large campaign contributions being made to this extreme four justice majority by insurance companies and other groups trying to limit or deny access to courts for injury victims.  Republican Justice Weaver, a former Chief Justice of the Michigan Supreme Court and an outspoken critic of the “gang of four” will also address the forum.

On October 1st, 2007, the monthly maximum for work loss insurance benefits in Michigan was raised to $4,713 per month.  These work loss PIP benefits are paid by a person’s own no fault insurance company if a person suffers personal injury and is unable to return to work as the result of an auto accident.The statutory maximum was changed on August 27, 2007, when the State of Michigan Office of Financial and Insurance Services issued Bulletin 2007-11–INS, enacting the yearly annual adjustment for the maximum amount of wage loss available under Michigan No Fault insurance policies. 

Using a cell phone while driving a car or truck in Southfield, Michigan could now cost you a $100 fine.  The Southfield City Council has approved an ordinance that makes using a cell phone while committing a traffic violation such as causing a car accident, speeding or any other driving violation a civil infraction, with a penalty of as much as $100.  The ordinance is to be enacted at the Southfield city council’s Oct. 8 meeting and then go into effect later in the month of October 2007.  This would make Southfield the first city in Michigan to ban cell phone use.  It is about time.